Lane Powell Wins Successful Outcome for Borders Group, Inc.
In a published opinion issued on May 16, the Court of Appeals, Division Two, affirmed the Superior Court’s judgment that Firm client Borders Group, Inc. was entitled to apportionment of a condemnation award to its landlord in the amount of $918,129. In addition, the Court ruled in favor of Borders on its cross-appeal for an award of post-judgment interest, as well as attorneys’ fees on appeal. In 2007, the City of Puyallup condemned a small portion of Carl Hogan’s shopping center for a road construction project that will significantly reduce access to the shopping center. Borders was the anchor tenant in the shopping center, with its store directly in front of the main entrance to the center. In the condemnation trial between City of Puyallup and Hogan, the jury awarded Hogan just compensation of $5,788,959. In that trial, Hogan argued that the loss of access to the Borders store would devastate the center. Borders then petitioned the court for apportionment of the award, and Hogan argued that Borders was not entitled to share in the award. Lane Powell Shareholders Mick Fleming and Janis White tried the case in Pierce County Superior Court. Lane Powell Shareholder Ryan McBride wrote the appellate briefs and argued the appeal.